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Story
July 20, 1868
The Charleston Daily News
Charleston, Charleston County, South Carolina
What is this article about?
In the Court of Common Pleas, Mrs. Daly sued shipowners Wragge & Husa for damages to dredging equipment from their vessel Fox fouling a hawser in the channel. Arguments centered on negligence and navigation rights under a 1867 ordinance. Jury verdict for defendants.
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Full Text
THE COURT OF COMMON PLEAS
HON. T. W. GLOVER, PRESIDING. -On Saturday this Court continued the call of the issue docket, and was engaged all day in the trial of a case of some interest and importance to shipmasters and shipowners. It was an action brought by Mrs. Daly, the administratrix of the late owner of a steam dredging machine and mud flat, against Wragge & Husa, the owners of a vessel called the Fox, for damages sustained by the former, whilst engaged in dredging out one of the docks, by the vessel running athwart their hawser and parting it. This hawser was attached one end to the head of the wharf and the other to an anchor three hundred yards out in the channel, and was used for the purpose of warping the flat in and out, which received the mud from the dredging machine. This anchor lay a considerable distance across the main part of the channel. The damages claimed were for the loss of the hawser and anchor and the time lost by the steam dredging machine and flat, their engineers and hands.
The case was argued for the plaintiff by Mr. John Phillips, and for the defendants by Mr. James Simons, Jr., of the firm of Simons & Simons. The ground taken by the plaintiff was that the owners were liable for the injury committed through the negligence of the Captain and crew of the vessel, in not taking proper precaution to prevent the collision. That the crew of the flat called out to them to drop their anchor, and if this had been done the collision would have been avoided. It was urged on the part of the defence, that the owners were only liable for negligence and that the testimony on the part of the plaintiff showed wilfulness, whilst that on the part of the defendants negatived both wilfulness and negligence. Also, that plaintiffs crew were to blame for not taking proper precaution to let vessels pass or to protect themselves; also that they had no right to obstruct a public navigable highway. That the City Ordinance of October, 1867, in regard to the dredging of the docks, did not authorize or prescribe any particular mode of cleaning out the docks, but only that the mud should be removed one hundred and fifty fathoms out from the head of the wharves. That neither State nor city could authorize any interruption in the navigation of an arm of the sea.
The jury, after the charge of his Honour the Judge reviewing the testimony and stating the law, returned a verdict for the defendants.
HON. T. W. GLOVER, PRESIDING. -On Saturday this Court continued the call of the issue docket, and was engaged all day in the trial of a case of some interest and importance to shipmasters and shipowners. It was an action brought by Mrs. Daly, the administratrix of the late owner of a steam dredging machine and mud flat, against Wragge & Husa, the owners of a vessel called the Fox, for damages sustained by the former, whilst engaged in dredging out one of the docks, by the vessel running athwart their hawser and parting it. This hawser was attached one end to the head of the wharf and the other to an anchor three hundred yards out in the channel, and was used for the purpose of warping the flat in and out, which received the mud from the dredging machine. This anchor lay a considerable distance across the main part of the channel. The damages claimed were for the loss of the hawser and anchor and the time lost by the steam dredging machine and flat, their engineers and hands.
The case was argued for the plaintiff by Mr. John Phillips, and for the defendants by Mr. James Simons, Jr., of the firm of Simons & Simons. The ground taken by the plaintiff was that the owners were liable for the injury committed through the negligence of the Captain and crew of the vessel, in not taking proper precaution to prevent the collision. That the crew of the flat called out to them to drop their anchor, and if this had been done the collision would have been avoided. It was urged on the part of the defence, that the owners were only liable for negligence and that the testimony on the part of the plaintiff showed wilfulness, whilst that on the part of the defendants negatived both wilfulness and negligence. Also, that plaintiffs crew were to blame for not taking proper precaution to let vessels pass or to protect themselves; also that they had no right to obstruct a public navigable highway. That the City Ordinance of October, 1867, in regard to the dredging of the docks, did not authorize or prescribe any particular mode of cleaning out the docks, but only that the mud should be removed one hundred and fifty fathoms out from the head of the wharves. That neither State nor city could authorize any interruption in the navigation of an arm of the sea.
The jury, after the charge of his Honour the Judge reviewing the testimony and stating the law, returned a verdict for the defendants.
What sub-type of article is it?
Historical Event
Crime Story
What themes does it cover?
Justice
Misfortune
What keywords are associated?
Court Trial
Negligence
Dredging Damage
Vessel Collision
Navigation Obstruction
What entities or persons were involved?
Mrs. Daly
Wragge & Husa
Hon. T. W. Glover
John Phillips
James Simons Jr.
Where did it happen?
Docks And Channel
Story Details
Key Persons
Mrs. Daly
Wragge & Husa
Hon. T. W. Glover
John Phillips
James Simons Jr.
Location
Docks And Channel
Story Details
Mrs. Daly, administratrix, sued Wragge & Husa, owners of the vessel Fox, for damages to a steam dredging machine and mud flat caused by the vessel parting their hawser. The case involved negligence claims, navigation rights, and a city ordinance. The jury returned a verdict for the defendants.